Sec. 158. During the period covered by this Act, section 227(a) of the Federal Cybersecurity Enhancement Act of 2015 (6 U.S.C. 1525) shall not apply.
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## SEC. 158 During the period covered by this Act, section 227(a) of the Federal Cybersecurity Enhancement Act of 2015 (6 U.S.C. 1525) shall not apply. ### DIVISION B UKRAINE SUPPLEMENTAL APPROPRIATIONS ACT, 2023 The following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2023, and for other purposes, namely: # TITLE I DEPARTMENT OF DEFENSE Military PersonnelMilitary Personnel, ArmyFor an additional amount for “Military Personnel, Army”, $110,107,000, to remain available until September 30, 2023, to respond to the situation in Ukraine and for related expenses.
Military Personnel, NavyFor an additional amount for “Military Personnel, Navy”, $462,000, to remain available until September 30, 2023, to respond to the situation in Ukraine and for related expenses. Military Personnel, Marine CorpsFor an additional amount for “Military Personnel, Marine Corps”, $600,000, to remain available until September 30, 2023, to respond to the situation in Ukraine and for related expenses. Military Personnel, Air ForceFor an additional amount for “Military Personnel, Air Force”, $11,582,000, to remain available until September 30, 2023, to respond to the situation in Ukraine and for related expenses.
OPERATION AND MAINTENANCEOperation and Maintenance, ArmyFor an additional amount for “Operation and Maintenance, Army”, $654,696,000, to remain available until September 30, 2023, to respond to the situation in Ukraine and for related expenses.Operation and Maintenance, NavyFor an additional amount for “Operation and Maintenance, Navy”, $433,035,000, to remain available until September 30, 2023, to respond to the situation in Ukraine and for related expenses.Operation and Maintenance, Marine CorpsFor an additional amount for “Operation and Maintenance, Marine Corps”, $34,984,000, to remain available until September 30, 2023, to respond to the situation in Ukraine and for related expenses.Operation and Maintenance, Air ForceFor an additional amount for “Operation and Maintenance, Air Force”, $267,084,000, to remain available until September 30, 2023, to respond to the situation in Ukraine and for related expenses.Operation and Maintenance, Space ForceFor an additional amount for “Operation and Maintenance, Space Force”, $1,771,000, to remain available until September 30, 2023, to respond to the situation in Ukraine and for related expenses.Operation and Maintenance, Defense-Wide(including transfer of funds)For an additional amount for “Operation and Maintenance, Defense-Wide”, $4,713,544,000, to remain available until September 30, 2023, to respond to the situation in Ukraine and for related expenses: * Provided*, That of the total amount provided under this heading in this Act, $3,000,000,000, to remain available until September 30, 2024, shall be for the Ukraine Security Assistance Initiative: * Provided further*, That such funds for the Ukraine Security Assistance Initiative shall be available to the Secretary of Defense under the same terms and conditions as are provided for in section 8139 of the Department of Defense Appropriations Act, 2022 (division C of Public Law 117-103): * Provided further*, That of the total amount provided under this heading in this Act, up to $1,500,000,000, to remain available until September 30, 2024, may be transferred to accounts under the headings “Operation and Maintenance” and “Procurement” for replacement of defense articles from the stocks of the Department of Defense, and for reimbursement for defense services of the Department of Defense and military education and training, provided to the government of Ukraine or to foreign countries that have provided support to Ukraine at the request of the United States: * Provided further*, That funds transferred pursuant to a transfer authority provided under this heading in this Act shall be merged with and available for the same purposes and for the same time period as the appropriations to which the funds are transferred: * Provided further*, That the Secretary of Defense shall notify the congressional defense committees of the details of such transfers not less than 15 days before any such transfer: * Provided further*, That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back and merged with this appropriation: * Provided further*, That the transfer authority provided under this heading in this Act is in addition to any other transfer authority provided by law.
PROCUREMENTMissile Procurement, ArmyFor an additional amount for “Missile Procurement, Army”, $450,000,000, to remain available until September 30, 2025, to respond to the situation in Ukraine and for related expenses.Procurement of Ammunition, ArmyFor an additional amount for “Procurement of Ammunition, Army”, $540,000,000, to remain available until September 30, 2025, for expansion of public and private plants, including the land necessary therefor, and procurement and installation of equipment, appliances, and machine tools in such plants, for the purpose of increasing production of critical munitions to replace defense articles provided to the Government of Ukraine or foreign countries that have provided support to Ukraine at the request of the United States.Other Procurement, ArmyFor an additional amount for “Other Procurement, Army”, $3,890,000, to remain available until September 30, 2025, to respond to the situation in Ukraine and for related expenses.Other Procurement, NavyFor an additional amount for “Other Procurement, Navy”, $2,170,000, to remain available until September 30, 2025, to respond to the situation in Ukraine and for related expenses.Other Procurement, Air ForceFor an additional amount for “Other Procurement, Air Force”, $437,991,000, to remain available until September 30, 2025, to respond to the situation in Ukraine and for other expenses.Procurement, Defense-WideFor an additional amount for “Procurement, Defense-Wide”, $9,770,000, to remain available until September 30, 2025, to respond to the situation in Ukraine and for related expenses.
RESEARCH, DEVELOPMENT, TEST AND EVALUATIONResearch, Development, Test and Evaluation, ArmyFor an additional amount for “Research, Development, Test and Evaluation, Army”, $3,300,000, to remain available until September 30, 2024, to respond to the situation in Ukraine and for related expenses.Research, Development, Test and Evaluation, NavyFor an additional amount for “Research, Development, Test and Evaluation, Navy”, $2,077,000, to remain available until September 30, 2024, to respond to the situation in Ukraine and for related expenses.Research, Development, Test and Evaluation, Air ForceFor an additional amount for “Research, Development, Test and Evaluation, Air Force”, $99,704,000, to remain available until September 30, 2024, to respond to the situation in Ukraine and for related expenses.Research, Development, Test and Evaluation, Defense-WideFor an additional amount for “Research, Development, Test and Evaluation, Defense-Wide”, $31,230,000, to remain available until September 30, 2024, to respond to the situation in Ukraine and for related expenses.
OTHER DEPARTMENT OF DEFENSE PROGRAMSOffice of the Inspector GeneralFor an additional amount for “Office of the Inspector General”, $2,000,000, to remain available until September 30, 2023, to carry out reviews of the activities of the Department of Defense to execute funds appropriated in this title, including assistance provided to Ukraine: * Provided*, That the Inspector General of the Department of Defense shall provide to the congressional defense committees a briefing not later than 90 days after the date of enactment of this Act.
RELATED AGENCIESIntelligence Community Management AccountFor an additional amount for “Intelligence Community Management Account”, $500,000, to remain available until September 30, 2023, to respond to the situation in Ukraine and for related expenses. GENERAL PROVISIONS—THIS TITLE1101.Not later than 60 days after the date of enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall submit a report to the Committees on Appropriations, Armed Services, and Foreign Affairs of the House of Representatives and the Committees on Appropriations, Armed Services, and Foreign Relations of the Senate on measures being taken to account for United States defense articles designated for Ukraine since the February 24, 2022, Russian invasion of Ukraine, particularly measures with regard to such articles that require enhanced end-use monitoring; measures to ensure that such articles reach their intended recipients and are used for their intended purposes; and any other measures to promote accountability for the use of such articles: * Provided*, That such report shall include a description of any occurrences of articles not reaching their intended recipients or used for their intended purposes and a description of any remedies taken: * Provided further*, That such report shall be submitted in unclassified form, but may be accompanied by a classified annex.1102.Not later than 30 days after the date of enactment of this Act, and every 30 days thereafter through fiscal year 2023, the Secretary of Defense, in coordination with the Secretary of State, shall provide a written report to the Committees on Appropriations, Armed Services, and Foreign Affairs of the House of Representatives and the Committees on Appropriations, Armed Services, and Foreign Relations of the Senate describing United States security assistance provided to Ukraine since the February 24, 2022, Russian invasion of Ukraine, including a comprehensive list of the defense articles and services provided to Ukraine and the associated authority and funding used to provide such articles and services: * Provided*, That such report shall be submitted in unclassified form, but may be accompanied by a classified annex. # TITLE II DEPARTMENT OF ENERGY ATOMIC ENERGY DEFENSE ACTIVITIESNATIONAL NUCLEAR SECURITY ADMINISTRATIONDefense Nuclear NonproliferationFor an additional amount for “Defense Nuclear Nonproliferation”, $35,000,000, to remain available until expended, to respond to the situation in Ukraine and for related expenses. # TITLE III BILATERAL ECONOMIC ASSISTANCE Funds Appropriated to the Presidenteconomic support fundFor an additional amount for “Economic Support Fund”, $4,500,000,000, to remain available until September 30, 2024, for assistance for Ukraine: * Provided*, That funds appropriated under this heading in this Act may be made available notwithstanding any other provision of law that restricts assistance to foreign countries and may be made available as contributions.
GENERAL PROVISIONS—THIS TITLE1301.During fiscal year 2023, section 506(a)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2318(a)(1)) shall be applied by substituting “$3,700,000,000” for “$100,000,000”.1302.(a)Funds appropriated by this title shall be made available for direct financial support for the Government of Ukraine, including for Ukrainian first responders, and may be made available as a cash transfer subject to the requirements of subsection (b): * Provided*, That such funds shall be provided on a reimbursable basis and matched by sources other than the United States Government, to the maximum extent practicable: * Provided further*, That the Secretary of State or the Administrator of the United States Agency for International Development, as appropriate, shall ensure third-party monitoring of such funds: * Provided further*, That at least 15 days prior to the initial obligation of such funds, the Secretary of State, following consultation with the Administrator of the United States Agency for International Development, shall certify and report to the appropriate congressional committees that mechanisms for monitoring and oversight of such funds are in place and functioning and that the Government of Ukraine has in place substantial safeguards to prevent corruption and ensure accountability of such funds: * Provided further*, That not less than 45 days after the initial obligation of such funds, the Inspectors General of the Department of State and the United States Agency for International Development shall submit a report to the appropriate congressional committees detailing and assessing the mechanisms for monitoring and safeguards described in the previous proviso.(b)Funds made available to the Government of Ukraine as a cash transfer under subsection
(a)shall be subject to a memorandum of understanding between the Governments of the United States and Ukraine that describes how the funds proposed to be made available will be used and the appropriate safeguards to ensure transparency and accountability: * Provided*, That such assistance shall be maintained in a separate, auditable account and may not be comingled with any other funds.(c)The Secretary of State or the Administrator of the United States Agency for International Development, as appropriate, shall report to the appropriate congressional committees on the uses of funds provided for direct financial support to the Government of Ukraine pursuant to subsection
(a)not later than 45 days after the date of enactment of this Act and every 45 days thereafter until all such funds have been expended: *Provided*, That such report shall include a detailed description of the use of such funds, including categories and amounts, the intended results and the results achieved, a summary of other donor contributions, and a description of the efforts undertaken by the Secretary and Administrator to increase other donor contributions for direct financial support: * Provided further*, That such report shall also include the metrics established to measure such results.(d)Funds made available for the purposes of subsection
(a)shall be subject to the regular notification procedures of the Committees on Appropriations of the House of Representatives and the Senate. # TITLE IV GENERAL PROVISIONS
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Sec. 158
During the period covered by this Act, section 227(a) of the Federal Cybersecurity Enhancement Act of 2015 (6 U.S.C. 1525) shall not apply.
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